As of January 01, 2009 the Kutztown Borough Police Department will comply with the new Open Records Act. This act does provide various restrictions when it deals with complaints relating to Criminal Investigations. Listed below are the forms, documents, other various materials, and records protected under the Criminal Investigation exception. Please read each of the exceptions carefully prior to filing a Uniform Right to Know Form.
Please read each of the exceptions carefully prior to filing a Uniform Right to Know Form.
Open Records Officer: Gabriel Khalife
Borough of Kutztown
45 Railroad Street
Kutztown, PA 19530
Phone: (610) 683-6131
Who May Request
Requester is defined as a person that is a legal resident of the United States and the term includes an agency.
CRIMINAL INVESTIGATION EXCEPTION (PROTECTED INFORMATION)
16) A record of an agency relating to or resulting in a criminal investigation, including:
i. Complaints of potential criminal conduct other then a private criminal complaint.
ii. Investigative materials, notes, correspondence, videos and reports
iii. A record that includes the identity of a confidential source or the identity of a suspect who has not been charged with an offense to whom confidentiality has been promised.
iv. A record that includes information made confidential by law or court order.
v. Victim information, including any information that would jeopardize the safety of the victim.
vi. A record that, if disclosed, would do any of the following:
A. Reveal the institution, progress or result of a criminal investigation, except the filing of criminal charges.
B. Deprive a person of the right to a fair trial or an impartial adjudication.
C. Impair the ability to locate a defendant or codefendant.
D. Hinder an agency's ability to secure an arrest, prosecution or conviction.
E. Endanger the life or physical safety of an individual.
F. This paragraph shall not apply to information contained in a police blotter as defined in 18 Pa. C.S. 9102(relating to definitions) and utilized or maintained by the Pennsylvania State Police, local, campus, transit or port police department or other law enforcement agency or in a traffic report except as provided under 75 Pa. C.S. 3754(b) (relating to accident prevention investigations).
- Juvenile Act
- Deliberative Process Medical or psychiatric history
- Personal identifiers-SSN#, drivers license, phone number, personal e-mail
- Autopsy Reports
- Informer's Privilege
- PFA Act Sexual Assault Privilege
Note: If you believe the information you are requesting is not part of the Criminal Investigation exception, then please contact the Open Records Officer listed above for instructions on any Uniform Right to Know Requests.
Right To Know Ordinance.pdf
Right To Know Request Form.pdf